The Grenada gazette., 1887-12-24
COURTS OF CANCELLATION.
An Institution Which Has Had Useful
Career In Europe.

An Institution Which Has Had Usef
Career In Europe.
g The system of the courts of concili
lion, as in force in Denmark. where
\ has had the longest and most thol
ough trial. is, briefly this: Each loc,
!, community is authorized to choose
tribunal called a court of Cancellation
, which consists generally of one judg
and two assistants. These are select
ed with reference to their qualitica
tions to compose disputes and fo
their high standing in the publi, con
fidence. This court. so constituted
has jurisdiction Of every complaint up
on which civil action may be based
and no such action will be heard ir
any of the regular courts of justice
until it appears that the case has first
been laid before the court of concilia.
ton, and referred, by disagreement.
to the ordinary municipal. county or
district court for trial. Thus every
cause out of which an action might
arise, excep. in criminal cases. come 8
first before the new body which it is
proposed to organize.
The proceedings in this court are in
the nature of formal attempt to
arbitrate. The principals to tho ac-
tion appear in person and not by
counsel. No lawyer except those on
the bench have any thing to do with
the matter. Plaintiff and dcfendsn
tell their own stories in their own way
10 the court and witnesses may be
called in, if necessary. When the
case has heen heard in full, the court
renders its decision. If this is ac-
cepted by both parties, the dispute is
ended, the quarrel is settled as by
arbitration, fees and feelings are
saved, and the judgment so accepted
has the same force and effect as
judgment in any of the ordinary
courts OF law. II. however, the
decision il: unsatisfactory 10 eithe.
party, he Can appeal to the regular
court In this case it has been found
to work well for the composition of !
suits 10 require each party to
file written statement of iudc-
mcnt which he would consider fair
and reasonable. This is kept sealed and
secret until the next court has passed
on the issue. Then these offers are
opened and, if it is found that the
plaintiff RECEIVERS by his persistent suit
rs much or more than he offered to
axe before the court of Cancellation.
lie should be entitled to all his costs; if
lie recover less, then he should pay
he costs Of the defendant. If the
Judgment is for sum between the of.
ers of the two parties, each paws his
'wn costs.
The popularity of these courts and
he excellent results of their establish.
nent make it seem strange that they
AVE not been copied more generally
y all enlightened nations. 1t appears
hat in the five years from 1871 to 1875
nclusive, there We're 1l6, 4S3 cases
rought before courts OF Cancellation
4 Denmark. OF these, 74,742 were
econciled and adjudged. Be-
ween 1876 and 1880, there were
O,S56 cases presented. of which
q, go were settled before these
ourtS, and only half of the re- :
lalnder were ever carried to actual s
tigation. 1t thus appears that, by :
leans Of this instrument of reconcilia. l
on, about iive-sixths of all the dis. t
utcs arising in the Kingdom of Den. !
lark are kept from final trial in the s
egular law courts. An economy, l
nancially and morally, so remark. c
bic as this would warrant a more i
1mprchensive reform than the simple 4
OF an authorized tribu. c
al before which two parties at a
lsunders anding can present their c
rlevances as man TO man. In the /
ijustment OF labor disputes, these i
'ur's are simply Invaluable. By b
cans of them alone. in fact. may we i
Ipect 10 see arbitration elevated to the S
gnity of common method Of Legal Il
'ocedure. Courts of conciliatjon h
1sht to be found hereafter as a rar. L
the legal and judicial system Of a
'ery progressive State. st. PAU v
loneer- Press. a